TECHNICAL SERVICE BULLETIN

Transcription

1 : I TECHNICAL SERVICE BULLETIN 73-G-IS I NO BRITISH ~ Austin MG AUGUST, 1973 LEYLAND MODELS: SUBJECT: ENVIRONMENTAL PROTECTION AGENCY INTERIM POLICY ON EMISSIONS CONTROL SYSTEM REPAIRS ALL We would like to bring to your attention the fact that the Clean Air Act prohibits any person from removing or rendering inoperative any emissions control equipment on cars prior to sale and also bans intentional tampering by manufacturers or dealers subsequent to delivery to ultimate purchasers Violations are punishable by severe penalties up to $10,000 The Environmental Protection Agency (EPA) announced its interim anti-tampering policies in its Mobile Source Enforcement Memorandum No1 of December 22, 1972 Its purpose is to reduce the uncertainty dealers face in maintaining emissions control equipment under this law In accordance with these interim guides dealers may repair emission control systems with after-market parts as well as original ~quipment parts which the dealer has a reasonable basis for knowing will not adversely affect emissions performance Reasonable Basis Reasonable basis includes a written representation from the parts manufacturer that the replacement part performs the same function in emission control as the replaced part or that the new part has been tested and found not to cause similar vehicles or engines to fail applicable emissions standards While maintenance and repair adjustments are permitted in accordance with the manufacturer's instructions, removal, disconnecting or blocking any part of the original emission control system will be presumed to be tampering prohibited by law Should suggest Office We are Mobil~ you have any questions regarding this interim policy, we would that they are directed to US Environmental Protection Agency, of Enforcement and General Counsel, Washington, DC attaching a copy of the US Environmental Protection Agency's Source Enforcement Memorandum No1 RE/73-06 CODE 50, 1

2 UNITED STATES ENVIRONMENTAL WASHINGTON, DC PROTECTION AGENCY Office of Enforcement and General Counsel December 22, 1972 Mobile Source Enforcement Memorandum No 1 Subject: Interim Tampering Enforcement Poliey The purpose of this Memorandum is to state the interim policy of EPAwith regard to enforcement of the "tampering" prohibition Seetion203(a)(3) - of the Clean Air Act 1 Section 203(a)(3) of the Clean Air Act provides: "The following acts and the causing thereof are prohibited - "(3) for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this title prior to its sale and delivery to the ultimate purchaser, or for any manufacturer ~~ dee~e~ ~c~dngly to remove ~~ render inoperati ve,any SUCh devic e or element,01" aesign after such sale and delivery tn the ultimate purchaser" Section 205 of the Act pro,qdes for a maximumcivil for a'1yperson who violates Section 203(a)(3) penalty of $10,000 2 This "tampering" provision of the law has created a gr-eat deal of uncertainty, primarily amongnew vehicle dealers and automotive aftermarket parts manufacturers, regarding what actions and! or use of what parts are prohibited The terms "manufacturer" and "dealei'" in ~203(a)C3) refer only to motor vehicle manufacturers and new motor vehicle dealers; however, the law impacts indirectly on aftermarket parts manufacturers through its applicability to vehicle dealers who are customers for their products other provisions in the Act establishing manufact1,ll'erwarranties and authorizing compulsory recall of properly maihtaineq vehicles also have a potential for anticompetitive effects in the aftermarket

3 -23 In general, it is clear that EPA's primary objective in enforcing the statutory prohibition on "tampering" must be to assure unimpaired emission control of motor vehicles throughout their useful life It is EPA's policy to attemp~ to achieve this objective without imposing unnecessary restraints on commerce in the automotive aftermarket 4 The long range solution to minimizing possible anticompetitive effects that could result from~implementation of these ~tatutory provisions may lie in some type of certification program for at least certain categories of aftermarket parts EPA is currently studying the technical, administrative and legal problems which such a program presents EPA has yet to develop the policy, procedures, or facilities attendant to any long range solution 5 In the absence of a long-term solution, and in the absence of proof that use of non-original equipment parts will adversely affect emissions, constraining dealers to the use of onj:,~ original equipment parts would constitute an unwarranted burden on commerce in the automotive aftermarket Pending development of a long range solution, the following statement reflects EPA's interim policy in the tampering area This policy is intended to reduce the uncertainty which dealers now face by providing criteria by which dealers can determine in advance that certain of their acts do not constitute tampering Unless and until otherwise stated, the Environmental Protection Agency will not regard the following actst when,performed by a dealer, to constitute violations of Section 203(a)(3) of the Act (1) Use of non-original equipment aftermarket part as a replacement part solely for purposes of maintenance according to the vehicle manufacturer's instructions, or for repair or replacement of a defective or worn out part, if the dealer has a reasonable basis for knowing that such use will not adversely affect emissions performance; (2) Use of non-original equipment aftermarket part or system as an add-on, auxiliary, augmenting, or secondary part or system, if the dealer has a reasonable basis for knowing that such use will not adversely affect emissions performance; and

4 -3(3) Adjustments or alterations of a particular p~t or system parameter, if done for purposes of maintenance or repair according to the vehicle manufacturer's instructions, or if the dealer has a reasonable basis for knordng that such adjustment or alteration will not adversely'affect emissions performance For purposes of clause (1), a reasonable basis for knowing that a given act will not adversely affect emissions perf~mance exists if: (a) the dealer reasonably believes that the replacement part is designed to perform the same function vuth respect to emission control as the replaced part, or (b) the replacement part is represented in writing by the $part manufacturer to perform the same function With respect to emission control as the replaced part; For purposes of clauses (2) and (3), a reasonable basis for knowing that a given act will not adversely affect emissions performance exists if: (a) the dealer knows of emissions tests which have been performed according to testing procedures prescribed in 40 CFR 85 showing that the act does not cause similar vehicles or engines to fail to meet applicable Amission standards for their useful lives (5 years or ~,, "'vvv"'" :JVt " -~,-uujco :--!l L\ VlJ,C _"",u,o _4:' VoL ''';-''''''''' ~O~4\J,-l,,,,+~, "Tn'h;f"'O~',1 _ " 1""'l"" (b) the part or system manufacturer represents in writing that tests as described in (a) have been performed with similar results; or (c) a federal, state, or local environmental control agency expressly represents that a reasonable basis exists For purposes of clauses (1), (2), and (3): (a) the permanent removal or disconnecting or any part of the original system installed the purpose of controlling emissions will to affect adversely emission performance; blocking of primarily for be presumed and (b) the prescription and appropriate publication by EPA of an act as prohibited will be deemed conclusive that such act will adversely affect emissions performance

5 -4- c DJscussion 1 Clause (1) will apply to replacement parts, protecting the dealer when he uses such a part to conduct necessary maintenance if a person familiar ~~th the design and function of motor vehicles and engines would reasonat~ believe that such part is designed to perform the same function as the replaced PCU~t or if there is written repr~sentation by the part5 manufacturer that the part i-s so designed other reasonable bases (eg, emissions tests showing no adverse effect) may exist, but these other bases will probably not occur often in the replacement part context If EPA gains information that certain replacement parts do adver~ely affect emissions, a listing of such parts will be published 2 Clause (2) will protect the dealer who installs add-on parts if he knows, or if it has been represented in writing to him by the part4manufacturer, that emissions tests have been performed according to Federal procedures which show that such a part will not cause similar vehicles to fail to meet applicable emission standards over the useful life of the vehicle The dealer is protected from prosecution even if the test results have nat been reported to EPA However, the aftermarket parts manufacturer who represents that such tests have been conducted should have available the data from the tests, incluchne: - where,when h('l'lat and 'by - "rho!!!the te~ts ~:e:::'8 88::::~::lC"t(;~ c~v-uld EPA request it Such add-on parts might be auxiliary fuel tanks, which would require evaporative emission control on light duty vehicles to the prescribed standard, or superchargers, which would require emission testing showing conformance to standards over the useful life of the vehicle' or engine Clause (2) will also protect the dealer who installs retrofit devices to reduce emissions at the request of a state or local environmental control agency 3 Clause (3) applies to dealers conducting necessary adjustments or alterations, according to the vehicle manufacturer's instructions, of parts already on the vehicle, eg,adjustment of the carburetor or ignition timing It also covers adjustments or alterations, as in the case of altitude "fixes", if a "reasonable basis" exists as described above 4 This interim policyapplies only to dealers, and not to motor vehicle manufacturers Procedures exist whereby vehicle manufacturers may acquire EPA approval of any emission-related chm1ge in the vehicle from its certified configuration or parameters (See MSPC Advisory Circulars No 2-A "Field Fixes Related to Thlission Control-related Components", November 14, 1972, and No 16 "Approval of :EinissionControl

6 -5Modifications for High Altitudes on New Motor Vehicles or Engines", June 8, 1972) Hence, if a manufacturer performs or causes to be performed (eg, by providing parts and/or instructions to dealers) any acts not approved by EPA that would constitute a change in the certified configuration or parameters of the vehicle as represented in the application for certification, including those acts addressed in the interim policy, he runs the risk of violating ~203(a)(3) in the event that such act is subsequently identifiea as having an adverse effect on emissions performance 5 Any questions regarding this interim policy should be addressed to the Mobile Source Enforcement Division Office of Enforcement and General Counsel ~~~"- Norman D Shutler, Dlrector Mobile Source Enforcement Division Office of Enforcement and General Counsel